Secret Justice: London's Covid-19 lockdown breakers are being prosecuted behind closed doors and under a veil of secrecy: standard.co.uk/news/london/co…
I don't use the term 'secret justice' lightly, but there's no other way to describe what's been happening here.
- 100s of prosecutions dealt with behind closed doors
- Vital open justice safeguards ignored and forgotten
- Obviously flawed prosecutions going through unchallenged
When the Single Justice Procedure was introduced, it was justified as prosecutions for lowly offences - speeding, fare dodging, TV licences etc.
The media warned that #openjustice shouldn't be swept away - that one day people would care
Now it's being used for lockdown breaches
My efforts to find out how exactly how those obviously-flawed cases were prosecuted have so far been thwarted.
This is the consequence of leaving the principle of open justice entirely in the hands of overworked court admin staff who don't understand the system.
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There are some serious problems at the top of the justice system right now. That's undisputable and very concerning.
I'd like to take a moment to highlight an issue at the bottom of the system, which unless commented on, might pass by unnoticed.
141 suspected lockdown breakers are being shovelled through the justice system this week, under the Single Justice Procedure (SJP). Those familiar with my musings will know this involves closed-door hearings, little scrutiny, & sometimes a mighty battle to find out what happened
The SJP system is set up for summary only, non-imprisonable, victimless crimes, so there's no question offences brought under coronavirus legislation in place between March and mid-May fits the bill. As far as I can tell the courts are entitled to deal with these cases like this.
When the offence of assaulting an emergency worker in the course of their duty was created in 2018, there was rumblings from Crown Court judges about it ‘causing problems’, as a mass of cases previously dealt with by magistrates were now landing on their plates.
The reason was the courts were essentially being told to take these incidents more seriously, a shiny new ‘either-way’ offence with increased possible sentence. Cases were being viewed as too serious for magistrates, and so landing in the Crown Court in their droves.
Whether you supported this tougher approach or not, the Crown Courts were, & still are, being over-stretched by lengthy periods of historic cutbacks, courthouse closures, and reductions in judicial sitting days. Add to the mix now the mounting workload post-coronavirus lockdown.
Sitting in today on @JUSTICEhq mock trial, being conducted entirely virtually.
I have defendant's details, names of counsel and judge, checked on reporting restrictions, got a witness list, and have been helpfully provided a draft prosecutor's opening note.
Feeling very much like an Oxdown Gazette reporter, waiting for the @NCTJ exam to get going. Was hoping the case would involve several animals, a highly improbably scenario involving the vicar & an ombudsman, & the flooding of the River Ox.
Sadly it's an assault case in Pimlico.
We're not off to the best of starts - delayed by tech difficulties.
It seems grappling with new technology will be a recurring theme as courts adapt their processes.
For the observer, you're left in the dark & with the nagging feeling that everyone might have started without you.
TV presenter Caroline Flack is accused of beating her partner over the head with a lamp as he slept, over fears that he was cheating on her.
Lewis Burton was left "covered in blood", it is said, and police officers likened it to a scene from a horror movie when they arrived.
It is claimed Mr Burton told police "she tried to kill me mate" when he called 999. He was "begging" police to come, as Flack could be heard calling him names and saying he had "ruined my life".
When police got there, Flack allegedly threatened to kill herself and had to be pinned to the ground when she flipped over a table. It is said she admitted striking her partner, and continue to verbally abuse him.
Today in court, Julian Assange struggled to say his own name and date of birth as he appeared in the dock. He claimed to have not understood what happened in the case management hearing, and was holding back tears as he said: "I can't think properly".
His legal team asked for a delay in the extradition hearing, scheduled for February next year, to gather evidence. They argue the case is politically motived, driven by the @realDonaldTrump administration to "signal to journalists the consequences of publishing information"
@realDonaldTrump Assange's lawyer Mark Summers QC said the case in Spain of alleged agents of the US government accused of spying on Assange and his lawyers at the Ecuadorian embassy will form part of their case. "It speaks to the nature of trial Mr Assange faces in due course".
Grenfell effigy defendant Paul Bussetti's lawyer is arguing the bonfire night video does not amount to racial abuse, and is protected under free speech laws. And he's just played the Boris Johnson card...
He points out things Johnson has said to offend people. "None of these things cross the threshold for hate speech as they all emanate from the mouth of the man who is now Prime Minister. He hasn't been prosecuted for any of them. That tells you what is & isn't racist hate speech"
In Bussetti's video, one of the partygoers talks about "ninjas" in the burning tower effigy, referring to the figure of a Muslim woman. Bussetti's lawyer points out PM Johnson called them "letterboxes" and "bank robbers" and was not prosecuted.